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Packet 20230918
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5G Consent
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3/21/2024 5:55:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/18/2023
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Page 14 of 35 <br />improvements and reclamation of Lease Premises; and inspection of the lease <br />premises by Lessor. <br />b) Billing – Lessor’s staff time costs incurred pursuant to this paragraph shall be <br />billed in arrears on a monthly basis. All payments are due 30 days from the <br />date of the invoice. <br />c) Payment Form – Payment by Lessee shall be in a form and manner required by <br />Lessor’s staff and consistent with the requirement of State law. <br /> <br />d) Disputes – Any dispute arising under or relating to Lessor’s work which is not <br />resolved by agreement of Lessee and Lessor’s staff shall be addressed by <br />Lessor’s City Manager or designee, who shall provide a written decision in <br />regard to the dispute and shall transmit a copy thereof to Lessee within thirty <br />(30) days of notice of the dispute. The decision of the City Manager or <br />designee shall be final and conclusive, unless within thirty (30) days from the <br />date of receipt of such copy, Lessee transmits to Lessor a written appeal. Said <br />appeal shall be supported with specificity. <br />i. In connection with any appeal proceeding under this clause, Lessee <br />shall have an opportunity to be heard before the City Council <br />within ninety (90) days of the receipt by staff of Lessee’s written <br />appeal and to offer evidence in support of its appeal. Pending the <br />final decision of any such dispute, Lessee shall proceed in <br />accordance with the written decision of the City Manager or <br />designee, which is the subject of Lessee’s appeal including the <br />payment of invoices to the City. <br />ii. The procedure described herein shall not prejudice or deny Lessee’s <br />remedies at law. However, Lessee agrees to exhaust the procedure <br />described herein before pursuing remedies at law. All amounts paid to <br />the City under protest shall be held by the City in trust until the dispute is <br />resolved. <br />e) Invoicing and Payment – Lessee agrees to reimburse Lessor for all reasonable <br />costs associated with lease management, including but not limited to the <br />work and costs described in the Scope of Work above. Staff costs shall <br />include salaries and wages, related staff benefits, and administrative <br />overhead. Invoices shall be mailed to Lessee at the address identified in <br />Section 1 of this Lease, unless otherwise directed in writing by Lessee. <br />Payments shall reference the lease number and must be mailed to the <br />following address: <br />City of San Leandro
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